Bond Hearings Return for Immigrants Who Entered Without Inspection
- Attorney Denise P. Cabrera
- Feb 18
- 3 min read
There is important good news for detained immigrants. On February 18, Judge Sykes of the federal court in Riverside overturned a prior immigration appeals decision that had been used to deny bond hearings to certain individuals.
As a result, immigration judges must now provide detained individuals the opportunity to request a bond hearing — even if they entered the United States without inspection.
This marks a significant procedural shift for many people currently in detention.
What Changed: Overturning “Matter of Yajure Hurtado”
The case known as Matter of Yajure Hurtado had been used by the U.S. Department of Homeland Security (DHS) to deny bond to immigrants who entered the United States without inspection.
Previously:
Judge Sykes had ordered DHS to resume providing bond hearings.
DHS continued denying bond.
DHS argued that Matter of Yajure Hurtado remained controlling law.
On February 18, Judge Sykes formally invalidated the use of that case so DHS could no longer rely on it to categorically deny bond.
What This Means Now
Effective immediately:
Immigration judges must provide detained individuals the opportunity for a bond hearing.
This applies even to individuals who entered the U.S. without inspection.
DHS can no longer use Matter of Yajure Hurtado as the basis to deny bond outright.
This restores access to bond hearings that had previously been blocked under that precedent.
Now Is the Time to Apply for Bond
If you or a loved one is currently detained, this is the moment to file a bond application.
At a bond hearing, the detained person must prove two critical elements:
They are not a danger to the public, and
They are not a flight risk if released.
These are the two legal standards immigration judges evaluate when deciding whether to grant bond.
Preparing evidence and documentation that addresses both points is essential.
Practical Recommendations
Based strictly on the information provided:
Submit bond applications promptly.
Prepare evidence showing good moral character and lack of danger.
Prepare evidence showing strong community ties to demonstrate no risk of flight.
Act quickly, as bond eligibility is now available again.
Frequently Asked Questions
What happened on February 18?
Judge Sykes of the federal court in Riverside, California overturned the prior immigration appeals decision that DHS was using to deny bond hearings.
What was “Matter of Yajure Hurtado”?
It was a case used by DHS to deny bond to individuals who entered the United States without inspection.
Can immigration judges now grant bond to people who entered without inspection?
Yes. Immigration judges must now provide an opportunity for a bond hearing, even for individuals who entered without inspection.
What must someone prove at a bond hearing?
They must prove they are not a danger to the public and that they are not a flight risk if released.
Is this the right time to apply for bond?
Yes. The decision restores access to bond hearings, making it an important time to submit applications.
Final Recommendation
This decision restores a critical procedural protection for detained immigrants. If someone is currently detained -especially after being denied bond under the prior precedent- it is essential to act quickly and pursue a bond hearing.
Preparing strong evidence to demonstrate lack of danger and lack of flight risk will be central to success.
Contact Denise P. Cabrera – Immigration Attorney in Santa Ana to schedule a consultation and begin your path toward citizenship today.
Contact Information
📞 Phone: (714) 855-6741
🌐 Website: www.attorneydpc.com